Tenants who move into privately owned apartments already infested with bedbugs might have trouble finding help to deal with unsympathetic landlords.

The provincial government doesn’t typically have much to do with that type of problem because it isn’t considered a risk to the public, Tara Walsh of the Department of Health Promotion and Protection said. “We wouldn’t address it.”

“Similar to lice, it’s a public health nuisance. There’s not a public health threat, it’s not a communicable disease, so it doesn’t cause disease, it’s just an infestation.”

“It’s just an infestation.”

I strongly believe that this kind of thinking is a failure of the imagination on the part of the public health officials in Nova Scotia.

The World Health Organization seems to think bed bugs are a public health concern. So much so, that as Renee of New York vs. Bed Bugs noted, WHO put a bed bug on the cover of this recent publication entitled The Public Health Significance of Urban Pests, alongside a rat and a tick.

Not alongside a louse, or a carpenter ant, or a carpet beetle.

Though bed bugs are not yet known to spread communicable diseases, they obviously cause problems with sleep, anxiety, and intense itching. The WHO study identifies allergic and immune system reactions to bed bug bites, including (occasionally) anaphylaxis, as well as a possible connection with bronchial asthma.

And desperate people may harm themselves and their families by misusing pesticides while attempting to get rid of their problems.

In addition, when people are on a tight budget, an unexpected outlay of funds (for bed bug treatment, or to replace discarded items) may also contribute to other health problems, because funds may be re-appropriated from other areas of life, such as the purchase of healthy foods.

You can read the Chronicle Herald article here. And read this story from yesterday, which shows that even in Halifax public housing, where the landlord does cover bed bug treatment, solutions to bed bug problems may be slow to reach tenants.

• Bed bug legislation in the U.S. House and in the Ohio House
• Toronto Bed Bug Project Update coming Monday, forecast looking good
• Government money needed to help people pay for bed bug treatment
• California fights bed bugs: good news from the golden state

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He has reported the problem repeatedly to the Metropolitan Regional Housing Authority, which has three times sent pest control companies to try ridding his apartment of the blood-sucking insects, he said.

Mr. Burton, who’s disabled after having brain surgery three decades ago, couldn’t handle the chemicals. After treatment is applied he’s supposed to avoid cleaning anything for about a week so he doesn’t wash away the pesticide. Tenants are usually advised to vacate their homes for four hours during the spraying process, but he stayed overnight at his pastor’s home one time and the Salvation Army’s Booth Centre another because he couldn’t stand the smell.

His disability means that he needs adequate sleep but the bugs have awakened him several times a week in the middle of the night.

“It is infested from the top floor down,” he said of his building, Gordon B. Isnor Manor. “I don’t care who tells you what. I live here and I’m seeing the proof in the pudding.”

There are alternative treatments available (steam, dusts) and in my opinion, these should be offered to tenants with medical concerns that make pesticides a bad idea. If thermal methods are available in Halifax, they can be very effective.

In a multi-unit building, all neighboring units (above, below, all sides) must be inspected when a tenant complains of bed bug bites or sees bed bugs. (Boston’s city policy is that all adjacent units must be treated, even if no signs are found, and we think this is a good protocol.)

If a tenant has had three treatments and bed bugs persist, I would suspect the neighbors have bed bugs. It’s possible that treatment protocols, insufficient prep, or reinfestation are to blame, but neighbors would be my first guess.

Kristen Tynes of the Community Services Department told the Chronicle Herald that

… there have been 40-50 public housing apartments with bedbugs out of 715 units at five of its buildings: Alderney, Nantucket, Sunrise Manor, Gordon B. Isnor and Ahern Manor.

That’s an average of 8-10 infested apartments in each of five buildings. It would be interesting to know what their policy is on searching and treating infested units. In other words, did these 40-50 affected tenants all report their own problems, or is there a system of inspections in place, and were some infestations discovered in this way?

As Tynes notes in the article, residents bringing infested items in can spread the problem. But bed bugs spread in buildings even when tenants do not bring infested goods in. Coordinated inspections and treatment can help minimize this.

Halifax has serious bed bug issues. Two years ago (11/2006), we were told that Orkin had treated 1000-1500 residences in Halifax in that year. Imagine what the combined total of residences treated by all pest control companies was that year in Halifax.

Imagine what it was in 2008, since bed bugs are continuing to get worse.

You can read Simpson’s full article here.

And more on bed bugs in Halifax.

• Bed bugs in Danbury, Connecticut senior housing
• Halifax: where the bed bug “blame game” is the law
• Bed bugs in a senior apartment building in San Diego
• Nova Scotia home help nurses stop visiting client with bed bugs

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There is a certain trio of dusky-colored high-rise apartment buildings in Halifax that are, and have always been, swarming with bedbugs.

Since these infested buildings have been gentrified and rented out to the oft-mobile university student population, what we have is a spread of bedbugs to other homes and buildings throughout Halifax.

Current legislation places the responsibility of bedbug control on the person who brought them into the building. Since extermination is expensive, tenants stay mum about it until the infestation spreads like wildfire to their neighbors.

The law regarding who pays for bed bug treatment in Nova Scotia rentals is a bit murky.

The CBC tells us, in their round-up of Canadian laws pertaining to this problem,

In Nova Scotia, Halifax doesn’t have clear-cut legislation for dealing with bedbugs. Responsibility for extermination falls upon the tenant if a landlord can prove a tenant brought the bugs in. The Halifax agency has found that landlords often foot the bill as it’s difficult to prove there were no bugs before a tenant moves in. Tenants are advised to write a letter to a landlord asking to deal with the problem within a reasonable timeframe. If the landlord refuses, a hearing can be conducted in front of the officer of residential tenancies.

Here’s my concern: “Responsibility for extermination falls upon the tenant if a landlord can prove a tenant brought the bugs in.”

What Bugged by Bedbugs highlights is that this motivates many tenants to not seek help — as long as they resist treatment, and bed bugs spread everywhere, individual tenants can no longer be assumed to be the “source.”

Of course, tenants who may be making such a choice, consciously, or by default (because they simply cannot pay for treatment) assume they are the “source” of their building’s problem.

Many Bedbugger Forum participants also assume they are the first in their building to have bed bugs. Why? Because landlords and neighboring tenants are not under any obligation to disclose their bed bug problem.

The reasoning seems to be that if I admit to having bed bugs, I will be seen as the source. Unfortunately, tenants have good reason for worrying about this — landlords and neighbors will likely assume the first person to find bed bugs is the “source,” even though it turns out, in so many cases, others have them too and either (a) don’t know about them, (b) know about them and are unsure what to do, or (c) know about them and — for whatever reason — just don’t care.

We have to remember that a great many people fall into category (a) and have no idea they have bed bugs. So your neighbor may be bitten badly and for a long time, but have no bite marks, no itching, and not see any bed bugs, until the problem becomes quite bad and they are crawling on the walls in daylight.

The bed bug blame game — in this case, blaming the “canary” who first notices and announces the presence of bed bugs in a building — isn’t fair. And it’s often not accurate that this person is the “source” of the building’s bed bugs.

And, let’s face it, the way bed bugs are spreading, I don’t think it’s fair to blame people for unknowingly bringing bed bugs into their building — even if they did so — if they did not have the awareness they were doing so. If you got bed bugs riding on a city bus or sitting in a library, who is to blame? Collectively, everyone needs to deal with the problem.

Bugged by Bedbugs suggests Halifax residents write to their Halifax Municipal Councillors:

I say anyone who has experienced the anxiety and disgust of a bedbug infestation, and anyone who does not want to live through the former, should write to your local Halifax councillor and demand legislation that places the responsibility of bedbug control on the landlord. Such a law would force landlords to keep buildings bug-free by regular maintenance, since an infestation would cost tens of thousands of dollars.

The problem with laws that force the “tenant who brought bed bugs in” to pay for treatment, is both that pinpointing such a “source” is more difficult than people think, and also that infestations quickly spread and get out of control.

On the other hand, I would not simply stop with passing the buck to landlords Here in NYC landlords are responsible in most cases, but buildings still become badly infested, tenants still fear reporting the problem will lead to blame, and negative repercussions. The inspection system (where people call 311 to report bed bugs) does not work well, since inspectors apparently will not file a violation unless tenants can show them a live bed bug scurrying around in the home, in daytime. And landlords don’t necessarily get rid of the problem even though the laws say they have to.

I think Bugged by Bedbugs has the right idea about the problem here, but I would argue for a more complex solution.

We need to remember that tenants do have some responsibility to help keep buildings bed bug-free. I am also mindful on the terrible impact bed bugs can have, financially, on landlords. Bed bugs are not good for anyone involved.

Therefore, rather than simply push for laws which place the financial obligations on landlords, we need to also push for local government assistance to help landlords get rid of bed bugs in their buildings and keep them bed bug-free. Such assistance might include guidance on the best practices for bed bug treatment and prevention, financial assistance where needed in properly eliminating bed bugs from a building, and educational programs for landlords, staff, and tenants, to prevent future outbreaks. Ideally it would probably also include city-wide programs for dealing with infested refuse, educating everyone in the city about bed bugs, and taking reports of bed bugs and keeping track of where infestations occur.

Bugged by Bedbugs also has the right idea about contacting politicians and demanding help. Wherever you live, contacting your local political representatives is a good idea. Tell them about your bed bug experience and the impact it has had on your life, and why they need to take action to help residents fight bed bugs.

Halifax residents, you can find your Councillor here, and send them an email here.

• Halifax: where the bed bug “blame game” is the law
• More on Canada’s laws re: bed bugs and tenants: province by province
• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• More stories of bed bugs in Halifax public housing

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The Victorian Order of Nurses has put home care on hold for a client living in a Halifax public housing complex because of bedbugs in his apartment, the Metropolitan Regional Housing Authority said Wednesday.

“We did confirm with VON that they have put (service to) one client in Ahern Manor on hold because of bedbugs,” said Pat Lawrence, director of the Metropolitan Regional Housing Authority, which oversees the Gottingen Street highrise.

“What I can tell you is when we got the report about the bedbugs, we did send our pest control company in right away. They fumigated there last Friday and they’re going in again today. They may have already been there just to re-inspect and to continue treatment if need be.”

When asked whether the bedbugs were confined to one or two apartments, Ms. Lawrence said the pests are a problem all over North America.

“What I guess I could say is . . . if we get a report, we immediately begin treatment,” she said. “We’ve tried to do education sessions, certainly, with our tenants and our staff about prevention and in treating bedbugs. It appears to me there are two apartments (with bedbugs) on the same floor, and we’re treating both of them.”

I am disturbed by this news item. Despite Victorian Order of Nurses official Dawn MacIsaac’s protests later in the article that VON is not “refusing to provide services or refusing to go into a home or that type of thing,” that appears to be what they are doing.

Service providers who visit people in their homes are unfortunately at risk of catching bed bugs.

What VON may not recognize is that they are also at risk of contracting bed bugs in homes where they cannot see obvious signs of bed bugs. Therefore, the organization needs to train its employees on how to take steps to reduce the chances of catching bed bugs — and to avoid taking them from one client to another.

And for cases like this one, humane treatment suggests finding a way to provide services to a person with an active bed bug infestation, whether that means getting him taken to another location for his normal treatment, or sending in nurses with Tyvek suits and training on avoiding bed bugs. The client with bed bugs is likely suffering physical and emotional repercussions of living with bed bugs, and in my opinion, now needs good health care from a friendly and supportive visitor more than ever.

I hope the VON gets assistance in creating a bed bug prevention plan from an entomologist who specializes in bed bugs.

I am glad that the client in question is getting pest control treatment, but I would hope the Metropolitan Regional Housing Authority was not just treating those two units, but carefully inspecting the entire building, keeping in mind that bed bug infestations can be difficult to detect.

• Cincinnati police, firefighters may be getting help with bed bugs
• Toronto’s Bug and Scrub: shelter guests being trained as pest control techs
• Some UK housing authorities ceasing to pay for bed bug treatment
• Cincinnati fights bed bugs, declares some success

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According to the CBC.ca Marketplace website:

In Nova Scotia, Halifax doesn’t have clear-cut legislation for dealing with bedbugs. Responsibility for extermination falls upon the tenant if a landlord can prove a tenant brought the bugs in. The Halifax agency has found that landlords often foot the bill as it’s difficult to prove there were no bugs before a tenant moves in. Tenants are advised to write a letter to a landlord asking to deal with the problem within a reasonable timeframe. If the landlord refuses, a hearing can be conducted in front of the officer of residential tenancies.

While, as the CBC information states, it is difficult for landlords to prove a tenant brought bed bugs in, many people who discover bed bugs will assume they brought them in if they bought something in a secondhand store, were in a hotel, or accepted a used mattress.

Believe it or not, it is still possible to do these things and not get bed bugs every single time. So having done one of them recently does not in itself prove blame for bed bugs being brought in.

And it is also possible to get bed bugs from neighbors in multi-unit housing without doing anything at all. My concern is that landlords and tenants will often rush to assign blame, and as we have said many times here, it is much harder than you think to identify the party “to blame” for your infestation.

The article in the Chronicle Herald by Deborah Mensah-Bonsu demonstrates the problem with tenant laws which allow the “tenant who caused the problem” to be blamed and forced to pay for treatment, if that tenant can be identified.

First, Mensah-Bonsu describes the scope of the bed bug epidemic in Halifax:

A representative of Residential Tenancies for Nova Scotia said the government agency has been receiving calls about the bugs lately.

“It has been coming up,” said Joey, who could not give his last name.

First warning sign: the Halifax government representative who spoke to the press about bed bugs would not give his last name?

Then Joey describes the local housing laws in reference to bed bugs:

He said if the problem was caused by a tenant the landlord could hold him or her responsible for pest control but if it’s an issue with the building and the source is unknown, the landlord would be responsible for fumigation.

If the problem is not resolved, the tenant can apply to the Residential Tenancies Board for termination of the lease, he said.

So basically, if the landlord (thinks s/he) can identify the source, then the tenant must pay. But if the problem gets out of hand, and multiple units are infested, then the original source tenant is off the hook. In other words, Halifax’s law, like those in some other areas of Canada, is designed to encourage people to not report bed bugs, and allow them to spread.

As much as finding the source of the epidemic might seem like the “fair way to do things,” it’s really hard to do, and really easy to be wrong. The reason is that it is really hard to track the source of infestations. Bed bugs move around, many tenants are not allergic to them and have no idea, other tenants are terribly allergic and are likely to notice them first. You can also be bitten for a time without reacting, even if you are allergic. So knowing when and where the problem started is extremely tricky.

Some people think moving is a solution, but Mr. (Brian) Betts (of Ace Pest Control, in Dartmouth) said that is most likely the source of the problem.

“Somebody will have (the bugs) in an apartment and they’ll be frustrated, and when they’re moving they’re taking the bedbugs to a new location. You got people moving from one unit to another in metro and just dispersing the bugs more and more all the time.”

While this is true, it is also true that bed bugs will often stay put and feast happily on one tenant for a while. S/he may not even know, if they are among the great mass of people who are not allergic, and so do not react to bed bug bites. But when this tenant moves (for whatever reason), they will rush to the neighboring units, to avoid going hungry. This is another prime reason why the first tenant to notice s/he has bed bugs should not be blamed for the infestation.

TransGlobe Property Management Services, owner of the Ocean Towers apartment buildings at Brunswick and Gerrish streets, has been receiving a lot of heat from tenants over bedbugs. So much so that it released a statement saying it has been addressing the issue since buying the property in 2005.

“There is an issue with bedbugs in the entire city and nationwide,” said Paul Dillon, director of marketing and public relations for the Toronto company, which owns more than 2,000 rental units in Nova Scotia. “It’s just unfortunate that this particular property is being targeted, but it was present before we purchased the building.”

If tenants were not punished for being the first person to report bed bugs in the building, by being blamed and forced to pay (in many cases), then perhaps bed bugs would not have such a thorough hold on buildings.

Landlords and tenants are both victims of this epidemic. But the blame game– and by this I mean the attempt to single out one tenant as the definite source of bed bugs in a larger building, or workplace infestation– does not work with bed bugs. The source, really often, is not what you think. The best situation for both landlord and tenant is for bed bugs to be treated as soon as possible, thus preventing their spread.

Click here to read the article in the Chronicle Herald. Click here to see a rundown of Canada’s laws regarding bed bugs and who pays for treatment.

• Halifax tenants angry about bed bugs? Time for action.
• Halifax tenants dealing with with bed bugs and unsympathetic health department
• More stories of bed bugs in Halifax public housing
• New Haven housing officials confused: why can’t they get rid of these bed bugs?

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Courtesy of the CBC’s links from its fine story on bed bugs (which remains the best television clip on bed bugs to date, hands down, in my humble opinion), a rundown on who pays for tenants’ bed bug treatment according to Province. It is really complicated. I am not even going to try and paraphrase it.

However, the easy thing to say is that the law is pretty much on the tenant’s side in Alberta, Manitoba, Ontario, and Vancouver, British Columbia. Nevertheless, folks in those areas should read the information on your location; it is definitely not always cut and dried, and you have responsibilities as well as rights. Seek legal advice or advice from a tenant’s organization in your area if you need help understanding the laws the CBC page links to.

In most other areas, the responsibility for paying for bed bug treatment varies a great deal Province by Province and according to the situation.

Yes, you guessed it: they want to play the blame game.

In some places it depends on whether the tenant can prove they did not bring bed bugs into the apartment, in others it depends on whether the landlord can prove tenants did bring them in. In still others, arbitration is provided where tenants and landlords cannot come to an agreement.

• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• Halifax: where the bed bug “blame game” is the law
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• Brown student wants to provide free bed bug treatment to those who can’t pay

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The Daily News of Halifax, NS reports on the bed bug epidemic there. This is a fairly informative, if brief, article. A few things are of interest.

First, the reporter says that

Pest control sevices provide efficient ways to deal with bedbugs. They dust and spray for bedbugs, and inspect residences for sign of the bugs.

But if all PCOs provide such efficient control, why do most people need more three or more treatments (as reported widely elsewhere)?

And if they’re treated so easily, why are they spreading so easily? If controlled easily and quickly, we could wipe them out. In fact, they’re quite difficult to treat (and this is because of the limited efficacy of the pesticides legal for treatment), and are spreading rapidly:

In the past two years, there has been a “significant” bedbug increase, says John Zinck, the district manager of Orkin Pest Control.

“Currently, we’re doing about 20 calls a week on average. We’ve done at least 1,000 to 1,500 residential units this year in Halifax,” he says.

Let me highlight that statement, Orkin alone have treated at least 1000 to 1500 residences for bed bugs in Halifax this year.

Halifax has a population of 380,000. Let’s say they live in homes of approximately 3.5 people each. That’s 108,571 residential units. Let’s say Orkin has treated 1500 residences, and other pest control operators have treated the same number combined (a conservative estimate, if Halifax has as many PCOs as other towns, and at least one other major chain besides Orkin). That would be 3000 residences. If 3000 residences in Halifax had bed bugs this year, that’s 2.7% of the homes. Depending on the business other PCOs are getting in the area, of course, the numbers could be much higher.

Here’s another thing to consider: NYC, my town, has had 4500 reports to 311 of bed bugs in the last year. Those reports are to a telephone line, and bed bug complaints are made only by tenants and only to the Department of Housing and Preservation. I can’t emphasize this enough: most people in NYC don’t call 311 to report a pest problem. Homeowners never would. Tenants do only if they think their landlord isn’t dealing with or won’t deal with a problem without pressure from the city housing dept. Most tenants simply tell their landlords directly.

What I know for a fact is that there’s no way there are only 4500 people in NYC suffering from bed bugs this year. I would personally estimate that there could be as many as 20x this or more. I have now interacted with at least 40 New Yorkers with bed bugs (online); I think 2 tried to call the 311 # and one had their report taken (the other was apparently given the run-around by the receptionist, who’d never heard of bed bugs). These are people who searched the internet and found a Yahoo group on bed bugs; if any folks with bed bugs had the wherewithal to find and call the 311 number, it would be these people.

The population in New York City in 2000 was 8,000,000: more than 21 times the population of Halifax. Based on my estimates above, this would translate to 2,285,714 homes of 3.5 people each (a made up number of inhabitants per residence, but identical to the one I made up for Halifax). An infestation in NYC which is comparable to 3000 homes in Halifax, might equal 84,656 residential units (housing 296,296 people) treated in one year, almost 20x the reports to 311. It would absolutely not surprise me if the infestation in NYC were at this level or higher right now.

And remember, it’s growing exponentially, and spreading fast.

I realize all those numbers are estimates, and I am not trying to be alarmist, but we need to realize the magnitude of this. Exactly how many people have to go through this in order for the government to treat it as a problem, despite the fact that right now, no physical diseases are believed to be spread this way?

One PCO interviewed by the Daily News journalist in Halifax said:

Bedbugs are the worst thing people could have in their houses, says Don McArthur, the president of Braemar Pest Control.

“They cause more psychological damage to people than half of the diseases that might be transmitted by insects.”

This is coming from the man who hears about the psychological damage caused by bed bugs. He’s meeting people every day who are covered in itchy welts, exhausted from a loss of sleep and the trauma of possibly having thrown out many of their belongings (and done all the work that involves, on top of the loss itself).

Psychological trauma, financial trauma, and the physical problems that can result from a lack of sleep (which impedes all aspects of daily activity, and all areas of your health)–all of these are real and serious.

Not as serious as Hurricane Katrina or a major illness.

But absolutely as serious as a lot of mental, physical, and financial situations for which the government routinely offers aid to citizens. If people had their homes affected by tornados, there would be federal assistance to the disaster area. Bed bugs are an act of nature, and this is not an easily-managed pest, nor one people could have planned for.

Homeowners and renters might expect the occasional influx of roaches, ants, or even termites; we’re dealing here with a pest we have not seen in 30 years, and in epic proportions. and here’s the key: unlike termites, ants, and roaches, the bedbugs are spreading and infecting everyone in the vicinity. The government needs to take this on because eradicating this epidemic protects the rest of the population from its spread.

We need assistance for homeowners and renters in getting top-rate pest control. Landlords will increasingly be unable to provide good pest management, financially, since eradicating bed bugs requires treatment of entire buildings. As much as I sympathize with people who want to demonize landlords, they’re not all rich. If we want to get rid of this pest, doing so has to be a matter of public interest.

This should also not be a great opportunity for PCOs to get rich quick. It doesn’t take a genius to realize that PCOs inadvertently benefit from the current use of inadequate pesticides to treat bed bugs. If they had DDT, the bed bug boom would be a flash-in-the-pan. They’d be in and out, the problem gone.

Instead, they’re contracted to come in repeatedly (usually 3 or more times), and can count on repeat business as the bugs make their way around a building.  Many of us would gladly pay the same price for the short sharp eradication of these pests, that’s for sure.  But maybe we would not have to.

And some people can’t, or won’t pay for the current costs of fighting bed bugs, and cutting corners is leading to their spread.

I am not implying that the PCOs are colluding with the bed bugs, you understand. (No flames, please.) I know most PCOs are as worried as the rest of us and want to be rid of them. They have elderly parents, partners, children–and they’re as or more vulnerable to an infestation as anyone, working as they do in the field (albeit with more awareness).

I do think we need to deal with these bugs as swiftly as possible. Besides helping finance (and requiring) thorough exterminations for all (not just those who can afford the best, or those who show the most foresight and therefore the most diligence in their treatment), the government should help stop the bug spreading further.

We need public education campaigns teaching people not to take in any second hand furniture, period, until this is over. Couches, soft chairs, and mattresses are obvious sources of bed bugs, but wooden desks, tables, and even metal bed frames and other items can carry the bugs. Anything on the curb could have been tossed out by a person with an infestation.

I’d say we also need more effective pesticides. We might consider a careful, controlled reintroduction of DDT, just until this is abated. It took a long time for the WHO to re-introduce it for malaria, and now, finally, people in Africa are getting some relief from those mosquitos.  If DDT is effective against the current bed bugs (and I realize that’s a big “if”), it could be used in small quantities, in targeted areas, indoors (away from wildlife).  From what I understand, there’s no proof it killed any humans or caused any human diseases.  And I, for one,  don’t have any whopping cranes in my closet with the bed bugs.  We once got rid of bed bugs in this country for 30 years.  Why not get rid of them again, and then keep them away?

NY has periodically sprayed for mosquitos in NYC; it began in 1999 and sprayed malathion, permethrin and other pesticides from the air and ground. This was the state Dept. of Health’s response plan in 2000.  West Nile Virus is a different problem, and caused some serious illnesses and fatalities. But my point is that mental health problems caused by bed bugs, not to mention physical health problems (and financial ones), are being suffered by a wide number of people; they’ll be suffered by almost everyone in time if something is not done. We can’t leave it to the individual.  Let’s not discount the effects of this epidemic on the tourism industry, and therefore on local incomes and tax funds.

There’s the theory that DDT is no longer effective against bed bugs; if this is so, serious, well-funded, widespread research must be done into other ways of getting rid of bed bugs. Before everyone has them.

Update (11/2008): A search on “Halifax” just brought up this post. Although I usually don’t delete posts (or part of posts) because I no longer agree with them, my thinking on the DDT issue has changed a lot since I wrote this back in 11/2006 (two years ago). For this reason, I feel the need to update this post.

I am glad to say that more PCOs seem to know bed bugs than they did before. (And it makes sense, since the problem is growing.) And there are plenty of PCOs who do quality work and take pride in it. They’re trying to use the latest technologies, some of which make quick work of eliminating bed bugs. They want your bed bugs gone right away, just as you do. I am glad they’re out there.

• More stories of bed bugs in Halifax public housing
• bed bugs: incidence studies needed in NYC and elsewhere
• Roger Smith Hotel on Lexington in NYC: latest bed bug lawsuit
• Nova Scotia home help nurses stop visiting client with bed bugs

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If you are a tenant (renter), please find out the laws in your area about the responsibility of landlords vs. renters to eliminate a bedbug problem. A local tenants’ rights organization probably exists in your city, and they’re probably the best free source of information regarding landlords’ responsibility to pay for treatment. Remember that you, the tenant, also have responsibilities, like reporting infestations promptly (doing so in writing protects you legally), and complying with treatment. Responsibility is not always a clear-cut matter, so please use this FAQ as a starting point, and realize that you may need to figure out how the local laws define your dwelling, your status, and who is required to pay.

See below for information on Australia (only Western Australia law covered so far), Canada, and the US. If your country, state, province, or territory is not mentioned, or you know of online information about bed bug laws in your locality, please help us by posting a link in the comments below.

Regarding Australia, reader Cody writes,

Tenants in Australia are covered by the Residential Tenancies Act 1987 (which has slightly different versions for each state, though are mostly the same). For Western Australia section 42 states the owner:

(a) shall provide the premises in a reasonable state of cleanliness;
(b) shall provide and maintain the premises in a reasonable state of repair having regard to their age, character and prospective life; and
(c) shall comply with all requirements in respect of buildings, health and safety under any other written law in so far as they apply to the premises.

It doesn’t specifically mention bed bugs or other pests, and I haven’t found any state health and safety legislation for buildings yet, but owners have been prosecuted for bed bugs using this legislation, see: Chessels v Wood (Residential Tenancy) [2004] NSWCTTT 306 (8 June 2004).

In these cases the owner is always responsible, not the real estate agent or a head-tenant or anyone else. It’s the owner that you must take to magistrate’s court.

The main caveat is that not everyone will be considered a tenant - specifically borders and lodgers are excluded. A court can also deem this law will or will not apply to you using Section 84.

If you’re not covered by the Residential Tenancies Act, you may be able to use another law to pursue a case.

In Canada, so far, we have specific information for Vancouver, British Columbia below. But a roundup of links to laws on all areas in Canada can be found here on the CBC website.

Vancouver

Click here to read Vancouver Coastal Health’s pamphlet on bed bugs: Click here to load a PDF.

Reader Sean (a Canadian Pest Control Operator and entomologist) reports on Vancouver, British Columbia:

In October of this year the city of Vancouver BC has extended the responsibilities of a landlord to include bed bug erradication.

Their are some loopholes, like the client must cooperate with the pest control companies.

In addition, as of February 2007 it will be illegal for landlords to apply any pest related chemicals within a suite other than their own personal living space. If they would like to do so they will need to become a licensed pest control operator.

Thanks, Sean.

In the USA, so far we have information for Baltimore, MD, Boston, MA, Chicago, Florida, New York City, New York State, New Jersey, Rhode Island, San Francisco, CA, Stamford, CT, and Washington DC.

Consumerist has links to Landlord Tenant Law for Every State, which should help you if nothing below does.

Baltimore, MD

The law appears to be that landlords are responsible for eliminating pests only if they occur in more than one unit. Peoples-law.org says:

Rat proofing and pest extermination

Where infestation occurs in the shared or public areas or in 2 or more dwelling units in a building, the owner is responsible for extermination of rats, insects, or other pests.

All dwellings and dwelling units must be rat-proofed and kept in a rat-proof condition by the owner. Rat proofing includes but is not limited to: 1) using rat impervious material to block all passages by which rats could enter from outside; and 2) paving basements, cellars, and other areas in contact with the earth; eliminating rat breeding places by keeping areas clean; removing rats’ nests, etc.

A landlord with any sense would pay to have bed bugs removed from one unit, rather than waiting until they spread to multiple units. And I would, if I were a tenant in Baltimore with bed bugs, try and negotiate politely with the landlord on that basis.

See the source of the Baltimore information cited above here.

Boston

Apparently there’s a division of the Boston Housing Dept. Inspectional Services (ISD) that works as Bed Bug Inspectors. Click the following link to load a PDF of their Bed Bug Advisory Sheet, which says briefly what bed bugs are, and notes that landlords (or “owner’s) are responsible for eradicating the problem. (Apparently they were in such a rush to get it out, they did not proofread. But fighting bed bugs trumps grammar, for this allergic English major.)

Here’s what they do:

To effectively address bed bug infestations in Boston, ISD endeavors to educate inspectors, property managers, exterminators and the general public on the nature of bed bugs, bed bug prevention and the proper extermination of bed bugs. We endeavor to assist owners, tenants, and pest control operators in exterminating for bed bugs by attending extermination visits, assisting with education & preparation and by sharing our knowledge and experience on best practices.

Bed Bug Inspection Orders:

• We require written extermination reports, within 14 days of a notice of violation, and prior to closing a case. Although Bed bug infestations do not get resolved quickly, we endeavor to work with owner’s who have contracted licensed Pest Control Operators, who have treatments programs in place, and who provide written documentation on the treatment programs.
• Our Standard bed bug notice of violation also requires that owners inspect all units in the dwelling, and they must treat all horizontally and vertically adjacent units to the infested unit(s).

Let me repeat: the laws applicable in Boston require landlords to treat all horizontally and vertically adjacent units, and to inspect every unit in the building. Are you listening, New York?

In Boston, they’re actually proactive about bed bugs:

Education & Outreach: Boston ISD has conducted various outreach efforts over the years which:

• Targets areas with a concentration of infestations.
• Educates and offers inspections to those residing in the targeted area.
• Engages & educates the local community leaders and activists.
• Utilizes the media attention to educate and raise awareness of residents in all parts of Boston.

If a landlord is notified by tenants about bed bugs, and does not eliminate them, tenants should call the Housing Inspection Division at (617) 635-5322.

The city has a flyer for students new to Boston, about rental housing, which includes a brief but informative section on bed bugs. It explains the laws, and also gives advice about dismantling or destroying infested furniture before discarding it. It says that anyone leaving rental housing in Boston that is infested with bed bugs should call both their landlord and the city (at the number above). This seems helpful, since the city is identifying infested units and can enforce treatment before further rentals. (What would be really helpful is if the city had to be notified of every infestation along with the landlord, not just when someone leaves an infested unit.)

Tha Allston Brighton Community Development Corporation also has its own factsheets on bed bugs in English, Portuguese, and Spanish (click the previous links and you’ll see these). The fact sheet says that if your Boston landlord does not respond to your request for extermination of bed bugs, you can call the city Housing ISD as above or the Boston Public Health Commission at 617-534-2865; you can even make an anonymous tip about bed bugs to the city via the 24-hour city hotline at 617-961-3297.

The Allston Brighton CDC Bedbug Eradication Program even offers monetary assistance with extermination (the money, by the way, came from state funds and a private corporation):

The Allston Brighton Bedbug Eradication Initiative provides education and assistance to Allston Brighton tenants and property owners who have been affected by bedbug infestations.

Extermination Incentives For Property Owners and Homeowners

Property owners who are treating units in Allston Brighton can receive up to $200 for each unit. Homeowners in Allston Brighton also qualify for this assistance. To qualify, you must provide the following documentation:

• Proof of ownership.
• Address and unit number of each Allston Brighton unit being treated. Only apartments in Allston Brighton are eligible for these funds.
• An Integrated Pest Management Plan (IPM) for every unit. Bedbugs are difficult to treat and the pesticides used are toxic. An IPM is necessary for effective treatment.
• Detailed prevention plan for every unit. Describes how you will prevent another outbreak from happening

To apply for funds (from 9/06 until they run out), please print and fill out the tenant intake form or the property owners/homeowners intake form, attach the necessary documentation, then send the forms to:

Bedbugs Eradication Initiative
Allston Brighton CDC
320 Washington St., 3rd floor.
Brighton, MA 02135

Chicago

The City of Chicago Department of Health has a web page on bed bugs. According to this page,

What should tenants do?

If you are a tenant, contact your property manager or landlord to discuss your respective obligations and come to an agreement on a plan to manage the infestation. If there is an infestation , landlords should contract with a licensed pest control operator to manage the problem

Request a written integrated pest management (IPM) plan from the pest control operator. The plan will include the methods and insecticides to be used, and describe the efforts expected by the building manager as well as by the tenants.

From the Metropolitan Tenants Organization, in Chicago. Chicago Bedbugger S. says,

This is the Landlord/Tenant Ordinance. It says specifically, under “What must my landlord do to maintain the condition of my apartment?”, that your landlord must “Protect you against rodents and insects by exterminating.”

This worked for me with my landlord.

Thanks, S!

I was not able to find much information on Chicago, and nothing mentioned bed bugs specifically (as was the case in some places where articles have been written about this issue). Please do your homework and realize that the codes are kind of vague in places.

Also click to load PDF of this document from the Chicago City Clerk’s office (see page 12 which specifically mentions “failure to exterminate insects, rodents, or other pests” as one situation in which tenants have grounds to terminate the lease, but you need to give the landlord written notice with 14 days to remedy the situation, in which case, the lease won’t be terminated. We’re not lawyers, please read it carefully and do your research, consult a lawyer if you’re going to take serious action like this.)

Florida

From this site: Florida Residential Real Estate Law:

General Landlord Duties

Landlords are required to deliver possession of the rental property to the renter when the lease period begins. Failure to do so may entitle the renter to sue for damages. A landlord must ensure that residential property is habitable. This includes complying with all building, housing and health codes. Roofs, windows, screens, doors, floors, steps, porches, walls and other structural elements must be kept in good repair. Certain pests (e.g., rats, mice, roaches, ants, bedbugs) must be exterminated, common areas kept clean, garbage removed, heat made available in the winter, as well as heated, running water throughout the year. Landlords requiring access to a tenant’s residence for repairs must give the tenant reasonable notice, which is defined as at least 12 hours prior to entry. If a landlord fails to keep up with required repairs, a tenant should give the landlord written notice of the noncompliance. If the landlord fails to make the repairs within seven days of receiving notice, the tenant has the right to terminate the lease.

(Editor’s note: I’m not sure how those terms translate when pests are involved.)

Doug Summers writes:

In Florida, the landlord tenant law is FS Chapter 83. Under F.S. 83 pest control is listed under the Obligations of the Landlord.

A Seven Day Notice To Correct is a letter that specifies in detail the problem that needs to be corrected (exterminate the bed bug infestation in this case). F.S. 83 states that the tenant may break the lease without penalty if the landlord fails to address the notice. Constructive eviction is a also a possible defense to break the lease, but the 7 Day Notice to Correct letter is the usual starting point.

A personal injury civil lawsuit is another potential option.

Also check to see if your deposit was placed in an escrowed bank account by the landlord. If the landlord places the deposit funds in their business or personal bank account (or intermingle the funds in a non-escrowed account) they have violated the law and are not permitted to retain any of the deposit regardless of any damage or contract issue that may exist.

Most private landlords in Florida fail to place the deposit funds in an escrow account.

You can download a copy of the law at myflorida.com

Florida law usually favors the rental tenant in a bed bug infestation situation, but needless to say you should consult an attorney about the specifics of your situation if you expect civil litigation with your landlord.

Remember, we are not lawyers, nor do we give legal advice. Consult an attorney. Legal aid or local tenants’ groups may also be of assistance: consult the phone book.

New Jersey

This is the relevant section of LSNJ Law which describes the warrant of habitability laws. Among other things, the warrant of habitability says rental units must be kept pest-free.

Using the housing and health codes

As discussed in the preceding section, rental units must meet city and state housing and health codes. The codes list the requirements that the landlord’s property must meet so that it can be approved as a safe or “standard” building. The codes deal with heat, plumbing, security, roofing, pests, and other serious defects like weak walls.

If you feel that the conditions in your apartment or house are defective, unlivable, or dangerous, tell your landlord. If your landlord fails to make the repairs in a reasonable period of time, call the local building inspector and ask him or her to inspect the property as soon as possible. If you can, be present when the inspector does the inspection so that you can point out all of the problems. Ask for the inspector’s name, and ask him or her to send you a copy of the report.

If the needed repairs present a sanitation problem, such as a sewage leak, call the city or county board of health. Ask for an inspector to check the condition. When the inspector comes, get his or her name.

If the inspector finds code violations, he or she will send a letter to the landlord listing the code violations. This letter will advise the landlord that a reinspection to check whether the repairs have been made will take place on a certain date.

Some housing and health code inspectors do not send the tenant a copy of the inspection reports or inform the tenant of the results of the inspection. As a tenant in the property, you have a right to receive a copy of these reports, and you should make sure to ask that copies of all reports be sent to you.

We are not lawyers and don’t live in New Jersey, but this should give you a starting point. Whether you or the landlord is responsible to pay may also depend on the type of home, the lease terms, etc. There are tenants’ organizations everywhere. The NJ one, New Jersey Tenants’ Organization, may be able to advise you further.

Update (9/2008):

Apparently, NJ landlords do have to pay for treatment, but many pass the costs on to the tenant.

Jersey City has just passed an ordinance specifying that landlords must pay outright for an initial and follow-up bed bug treatment. See this article for details. (If additional treatments are needed, as they so often are, the landlord can charge the tenant.) This law applies to buildings with 2 or more units.

New York State

From the New York State Attorney General’s Tenants Rights page:

LANDLORDS’ DUTY OF REPAIR

Landlords of buildings with three or more apartments must keep the apartments and the buildings’ public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)

New York City

Many times, people on this site (myself included) have said, “the landlord is responsible for paying for elimination of bed bugs in New York City.” This is true in most cases. You’d be forgiven for thinking it was all cases, as this Real Estate article from the New York Times (last October) implies. The FAQ has always stated clearly that there are exceptions (such as buildings with 3 or fewer units) where tenants may be responsible. To be honest, we’re not sure about where those exceptions occur, but it seems to hinge on whether you’re defined in some cases as an “occupant in charge of the dwelling” (which tenants in larger buildings apparently are not).

It appears to be true, according to the information below, that landlords must arrange and pay for elimination of bed bugs if you are a renting tenant, AND:
1. Your apartment building has 3 or more rental units, OR
2. You live in NYC-owned housing.

There may be other exceptions, and the resources below should help you figure out if you’re an exception.

In NYC, in most cases, landlords are responsible for eliminating insect problems, including bedbugs. You can read more about the laws here: NYC Rent Guidelines Board, Ch. 2 of Housing Maintenance Code, or here: Met Council on Housing’s Bedbugs page. (If you’re not sure of your rights on any issue related to renting in NYC, call Met Council, a non-profit tenants’ rights organization.)

Subchapter two of the NYC Housing Code:

Sec. 27-2017 Definitions

When used in this article:

1. Eradication means the elimination of rodents or insects and other pests from any premises through the use of traps, poisons, fumigation or any other method of extermination.

2. Insects and other pests include the members of class insecta, including houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the phylum arthropoda as spiders, mites, ticks, centipedes and wood lice.

3. Harborage means any condition which provides shelter or protection for rodents or insects and other pests.

[back to top]
Sec. 27-2018 Rodent and insect eradication; mandatory extermination

1. The owner or occupant in control of a dwelling shall keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life.

2. When any premises are subject to infestation by rodents or insects and other pests, the owner or occupant in control shall apply continuous eradication measures.

3. When the department makes the determination that any premises are infested by rodents, insects or other pests, it may order such eradication measures as the department deems necessary.

Subchapter two of the NYC Housing Code clearly states that bed bugs must be eradicated by the “owner or occupant in control of a dwelling”:

But here’s where it gets confusing: If you are a tenant (renter), are you the owner? No. But are you the “occupant in control of a dwelling”? Sometimes. This may be true if the property you’re renting is, for example, a house with a rental unit or two. The same kinds of buildings, I assume, where landlords need not issue leases. Please seek advice from Met Council or a lawyer.

Here’s the Rent Guidelines Board’s information on Warrants of Habitability and Landlord’s Duty to Repair:

WARRANTY OF HABITABILITY

Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)

Note that the landlord has responsibilities, but the tenant does too. We have not heard of any tenants who were forced to pay because they “caused” the “uninhabitable condition,” but the possibility is there.

The above item also seems to imply that co-ops are responsible for eradicating pests, not the individual owners. Readers who are co-op owners have claimed that owners are responsible, but this implies they aren’t. Perhaps someone who is an expert on housing law can clarify this. The New York Times article from October implies co-op and condo unit owners are responsible except,

In some instances the building might be responsible — if, for example, bedbugs have affected multiple apartments, and their source is not readily traceable or attributable to a particular unit owner.

Back to the Warranty of Habitability:

If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for nonpayment of rent. In such a case, the tenant may countersue for breach of the warranty.

Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.

A landlord’s liability for damages is limited when the failure to provide services is the result of a union-wide building workers’ strike. However, a court may award damages to a tenant equal to a share of the landlord’s net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.

In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.

I would not undertake any of the above (eg making your own repairs) without seeking legal advice. If you’re renting, call Met Council on Housing for more information on the laws and what to do, or consult a lawyer.

Met Council on Housing advises tenants in New York City. Their Bedbugs Fact Sheet says:

Tenants’ Rights: Apartment Buildings and Hotels
Obviously, multiple dwellings offer bedbugs the perfect environment, since the bugs can hide in the walls while one unit is cleaned and then appear in another, or return to reinfest the original room or apartment. Hotels traditionally have had difficulty removing bedbugs, because bedding is often carried from one room to another, and while one infested unit might be cleaned, it’s rare for the entire hotel to be shut down so all the rooms can be fumigated.

For tenants in New York City, the right to a bedbug-free environment derives from the city’s housing and maintenance code-which specifically names bedbugs, along with a number of other unpleasant pests. The landlord has an obligation to eradicate the infestation and to keep the units from getting reinfested. If your landlord refuses to take the necessary steps, you can file a complaint with the city department of Housing Preservation and Development (call 311) or take the owner to Housing Court in an HP action. As with any problem you have concerning repairs or services, it is important to notify the landlord of the condition in writing (send by certified mail, return receipt requested, and save a copy) and to let the owner and manager know what steps you expect them to take.

Note, again, this says “apartment buildings and hotels.” Many of NYC’s housing laws vary when applied to small-scale landlords, who rent out an apartment or a few. If this describes your situation, you need to look into your lease and if you do not have one (which probably means you’re in a very small building with fewer than 3 units), seek advice from Met Council or another source. There’s no one-size-fits-all answer, and people have to be aware of which laws apply to their situations.

If you live in housing run by the New York City Housing Authority, read this.

Any NYC tenant can call 311 and report a bedbug infestation. Information on how to do this, and what will happen next, is here. You might feel like you don’t want to do this, for example if your landlord is your friend, and you think they might be more helpful if a complaint is not formally made. You might prefer simply to deal with the landlord directly. However, don’t forget about this option if your landlord is slow to act, wants you to pay for extermination, or hires bad exterminators. When you’re being bitten by bloodsucking monsters, not getting any sleep, and walking around with ugly welts and sores, any warm feelings you have for landlords who are not quick to respond will undoubtedly go right out the window.

Calling 311 will mean the city sends a housing inspector to inspect your home for bedbugs, the inspector files a report, and this forces your landlord to eliminate the problem within 30 days. (I am not sure what happens if your problem is so severe that it takes more than 30 days to eliminate, but this is what I heard.) Your report will become part of the building violations listed here.

Under Housing Violations Look-Up on the right hand side of this page, type your building number and street name; you may be surprised to find someone else in your building has already reported a bedbug infestation! (You may also find rat or mouse infestations, which can cause bedbug infestations.) Violations are removed when they are fixed.

Finally, there are some links to information on taking legal action.

This is the website from the City-Wide Task Force on Housing Court. It is general (not specific to bedbugs) but does tell you about the process of taking a landlord to court. Most importantly, though most of us won’t go to court, we need to keep good records (log of actions taken such as calls to landlord, pictures of bites, copies of doctor’s records if they inspect bites, copies of allergy medication prescriptions which are related to infestation, photos of bugs, samples of bugs, carcasses, or waste droppings, photos of items wrapped for storage, pictures of destroyed and discarded furniture, receipts for everything from prescriptions to vacuum cleaner bags, storage tubs and bags, new furniture, pesticides, and exterminators).

This is NYC lawyer Steven DeCastro’s housing information page (for tenants) on bedbugs, and this is a desctiption of the Judge’s Decision on Peter Young’s case. Peter Young was a tenant with bedbugs who was given a 6-month 45% rent abatement.

Rhode Island

This is what we know: this article from the Brown student newspaper says,

. . . according to Rhode Island’s “Housing Maintenance and Occupancy Code,” the infestation is the tenant’s responsibility if it is in one dwelling unit, but the owner’s responsibility if it is in more than one dwelling unit.

If you’re in Rhode Island, I would verify this with a tenants’ advice bureau. And if it’s true, I would caution anyone against assuming you are the only infested unit even if your landlord says you are, even if the neighbor says you are. Call a group that gives tenants advice, and find out what they suggest.

San Francisco

Bedbugger Deb, meanwhile, found a PDF which details the requirements for dealing with bed bugs in San Francisco. I have to admit, I am impressed with the document, which details requirements for both rental apartments / houses and hotels: it includes requirements both for swift treatment of infestations as well as for staff training for hotel employees, apartment building managers and so on. It also details what tenants need to do to prepare for treatment. Other cities could take a lesson from the San Francisco approach. Click here to load the PDF.

Stamford, CT

According to this article in the Stamford Advocate,

If a bed bug case is reported in rented housing, the city requires landlords to exterminate until the problem is resolved, [Health Inspector Mike] Kraynak said. First, a resident must find a bed bug and take it to the city as evidence. If a lab worker confirms it is a bed bug, the city sends an extermination order. Usually, if the apartment is six units or less, the city requires the entire building be treated. In larger complexes, the city requires treating only the affected unit and those surrounding it.

The article said Stamford residents can also show up at the government center’s front desk to see bed bug information including examples for identification.

Washington D.C.

I took the following information off of a Washington Post real estate advice column. It appears that in D.C., the landlord’s liability depends on whether only one apartment is infested or not. According to Sara Gebhardt’s column in the Washington Post (3/2/2007), in which she responded to a Washington DC tenant whose landlord was refusing to pay for bed bug treatment,

Your landlord has an obligation to manage the infestation if your unit is not the only one infested. Talk to your neighbors and find out if they have bedbugs, too. Chances are they do, as those critters generally launch large-scale attacks on apartment buildings.

According to Section 805 of the District’s housing code, landlords have to do their part to keep out vermin and rodents. Part 805.3 of the law states, “If an infestation of a single habitation is caused by failure of the owner or licensee to maintain a residential building in a rodent-proof or reasonably insect-proof condition, the exterminating shall be done by the owner or licensee.” (By “owner or licensee” the law means what most people would call a landlord.)

Additionally, Section 805.5 holds, “The extermination of vermin and rodents shall be done by the owner or licensee whenever infestation exists in two (2) or more of the habitations in two-family or multiple dwellings.”

She adds later,

Any evidence you can dig up that your neighbors also have bedbugs will help persuade your landlord to deal with the extermination. At the very least, if he does not respond, it will serve as a substantial basis for filing a complaint with the local housing office.

Disclaimer: Bedbugger does not offer legal advice. Do the research on where you live (even if you live in NYC), find out your rights, and demand they’re met! Do not assume that the laws are the same everywhere else. Do not assume that since Peter Young’s case was successful, that you should withhold your rent. Contact a lawyer to discuss your legal situation.

Remember also that tenants have responsibilities too, and it’s always possible someone is going to try to use that section of your local code to blame you for an infestation. Talk to a lawyer if this happens, and make sure the lawyer learns how difficult it is to prove fault with bed bugs, even in the face of apparent evidence. (This can work in your favor as well as against.)

Please do leave a comment below containing links to any useful sites about tenants’ rights relating to bedbug infestations for your locality (any city, state, country). I will do my best to make sure this information is included here and saves someone else the trouble of hunting it down.

• Nashua, N.H. laws may change in part based on recent bed bug cases there
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• Jacksonville, Florida story: fighting bed bugs without a PCO
• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.

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